A comparison of the environmental impact assessment legislation of South Africa and Malawi / by M.A.C. Harrison

Abstract:

It is generally accepted that the environment has three inter-dependent components:
economic, socio-political and natural Consequently, integrated environmental
management coupled with sustainable development is critical, and in order to achieve
this goal, effective guidelines and implementable legislation are necessary. This
evaluation aims to determine and compare the effectiveness of the South African and
Malawian environmental impact assessment (EIA) legislation, using the comparative
criteria set out by Wood (1995, 2003), and accordingly to determine whether any
further amendments are necessary to improve the effectiveness of these countries' EIA
systems. In the Southern African Development Community (SADC) region, it is
particularly important that environmental legislation and policies are aligned across
borders, to allow for better integration of these economies. The alignment of EIA
systems in the SADC region could enhance regional sustainable development if
managed using similar criteria.
The primary objective of this study is to compare the EIA legislation of South Africa and
Malawi using Wood's (1995, 1999, 2003) 14-point evaluation criteria. The
effectiveness and not the implementation and practice of the legislation is being
compared. The secondary objective of this study is to determine whether Wood and
Roux's recommendations have been incorporated into the South African National
Environmental Management Amendment Act 8 of 2004 and the January 2005 draft EIA
regulations, and whether South African legislation meets Wood's 14 criteria for a sound
EIA system.
In the South African evaluation, 11 of Wood's 14 criteria are met, while an additional
two criteria are partially met and one criterion is failed, resulting in an overall
improvement in the South African EIA system. The Malawian EIA legislation meets 11
of Wood's 14 criteria, with three criteria being partially met, in principle making it more
effective than the South African EIA legislation. However, although Malawi
theoretically has a slightly more effective EIA legislation than South Africa, in practice
this is not the case. Ideally, when South Africa's updated EIA legislation is published it
will meet with all 14 of Wood's criteria for an effective EIA system based on
international standards.